Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

“In order to enhance a defendant’s sentence due to prior convictions, the government must timely file an information under 21 U.S.C. § 851(a) describing the bases for the enhancement. Post-conviction but prior to sentencing, the district court is then required ...

Henry and Geradus Cops appeal a summary judgment in favor of the City of Kaukauna and Wausau Underwriters Insurance Company. They also appeal the dismissal of their inverse condemnation claims against the City and the Wisconsin Department of Transportation. The ...

“Mitchell and Peete note that the Supreme Court subsequently applied Lopez to narrow a criminal statute and invalidate another law on Commerce Clause grounds. See Jones v. United States, 529 U.S. 848 (2000); United States v. Morrison, 529 U.S. 598 ...

James J. Krispin appeals a judgment convicting him of fourth-degree sexual assault, two counts of second-degree sexual assault by use of force, and three counts of misdemeanor bail jumping, all as a habitual criminal. Krispin, claiming that the State engaged ...

“The City argues that the plaintiffs bear the burden of proof with respect to the issue of reasonable accommodation, citing both the Fifth and Fourth circuits in Bryant Woods Inn, Inc., 124 F.3d at 603-604 and Elderhaven, Inc. v. City ...

Alexander Stocks appeals from the judgment of conviction entered after a jury convicted him of retail theft – habitual criminality. He also appeals from the trial court’s order denying his motion for postconviction relief. Stocks contends that the trial court ...

“The IDCMS job description of the Chief ALJ’s duties includes: directing subordinate staff, formulating procedures for the hearing programs, advising peer review committees, developing hearing program goals, and directing and implementing the program budget. Most of the Chief ALJ’s time ...

“We conclude that Rule 38 sanctions are appropriate in this case. We agree with the appellees that this appeal is simply Messina’s attempt to repackage his prior appeals. Given that Messina’s claims have been unsuccessfully litigated numerous times in both ...

“The provision at issue specifies: ‘Each party may retain legal counsel and shall pay its own costs and attorneys’ fees, regardless of the outcome of the arbitration.’ The plain terms of the phrase clearly prohibit recovery of attorney’s fees regardless ...

“[A]lthough Mr. Jackson has demonstrated that he suffered from an objectively serious medical condition, we certainly cannot conclude on this record that Mr. Howard acted with deliberate indifference to the situation. Mr. Howard’s role in this incident was markedly different ...

“The City argues that the plaintiffs bear the burden of proof with respect to the issue of reasonable accommodation, citing both the Fifth and Fourth circuits in Bryant Woods Inn, Inc., 124 F.3d at 603-604 and Elderhaven, Inc. v. City ...

On July 10, the Wisconsin Supreme Court ruled that an unambiguous clause in an insurance policy, which is specifically-approved by statute, can be rendered invalid if the remainder of that policy does not adequately explain the coverage in which the ...

“Although to date Wisconsin courts have not specifically addressed whether the integrated systems approach applies to building construction, other jurisdictions have addressed this precise issue. One case in particular, Casa Clara Condominium Ass’n, Inc. v. Charley Toppino and Sons, Inc., ...

Edward H. appeals from a dispositional order adjudging him guilty of two counts of first-degree sexual assault of a child. He also appeals from a postdisposition order denying his motion for a new trial based upon a claim of ineffective ...

Jason W.T., a minor, challenges the circuit court’s decision not to suppress his confession to a burglary that he made to a police officer when questioned at his school. We conclude that Jason made the confession while being interrogated while ...

“[W]e determine that there was sufficient evidence pertaining to the relevant time period from January to April 1999 from which the jury could reasonably conclude that Venema ‘crossed the line’ in violation of the statute. However, we have no way ...

Sherman Sporle appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI), as a first offense. He claims the trial court erred in denying his motion to suppress evidence of the results ...

Randall and Trudy Horlacher appeal a judgment affirming the grant of a conditional use permit to build a telecommunications tower on land zoned exclusively agricultural. The Horlachers argue that the Eau Claire County Board of Land Use Appeals erred when ...

However, because defendant never waived her right to a jury trial – to have a jury determine all the elements of the crime of bail-jumping, we reverse her conviction and remand for a new trial. “We conclude that the State ...

In County of Ozaukee v. Quelle, 198 Wis.2d 269, 280, 542 N.W.2d 196 (Ct. App. 1995), we formulated a three-part test to use when an allegedly intoxicated driver claims that he or she reasonably refused to take a test to ...

“We conclude, therefore, that while the legislature may choose to clarify this point by amending Wis. Stat. ch. 980, we need not, in the meantime, require counsel to jump through two hoops in order to preserve appellate rights. Accordingly, we ...

The State appeals a judgment dismissing charges of operating while intoxicated and operating with a prohibited blood alcohol concentration, both third offenses, against Patrick Decorah. The State argues that Wisconsin State Patrol trooper Patrick Kraetke had reasonable suspicion to stop ...

Best Car Co. Inc., and Lon J. Neuville appeal from a summary judgment in favor of Palmer Johnson Inc. Palmer Johnson began this action to collect its commission on the sale of a yacht owned by Best Car. Best Car, ...

Douglas E. Smith appeals from a judgment entered on a jury verdict convicting him of obstructing an officer, as an habitual criminal, and from the trial court’s order denying his motion for postconviction relief. He claims that the trial court ...

Ramco Services Inc., appeals a portion of a partial summary judgment denying its request for prejudgment interest on the damages the trial court ordered Statewide Insurance Company, the surety, to pay Ramco, a subcontractor. We conclude that Statewide owes Ramco ...

Dwayne Seals appeals from the order affirming the decision to revoke his probation. He argues on appeal that the Division of Hearings and Appeals (DHA) acted contrary to law and without substantial evidence when it revoked his probation. We disagree ...

General Motors Corporation (GMC) appeals from the orders dismissing its third-party complaint against Eisenmann Corporation and J.P. Cullen and Sons, Inc. GMC contends that the circuit court erred in dismissing its claims that Eisenmann, retained by GMC as a contractor, ...

The State of Wisconsin appeals a Terry issue decided adversely to it. The State argues that when the officer saw a car door fly open while the automobile was making a left turn and then saw the passenger close the ...

Production Components-Cloeren Inc. (PC-C) appeals a summary judgment dismissing its action against Robert Druschel in which it alleged that Druschel breached his fiduciary duty and duty of loyalty when he failed to disclose and lied about other employees’ plans to ...

Richard Devereux appeals an order denying his postconviction motion in which he alleged ineffective assistance of trial counsel. The trial court denied the motion without a hearing, implicitly concluding that the record conclusively showed that the motion lacked merit. Devereux ...